Kazakhstan Urged to Revise Laws on Domestic Violence

Human Rights Watch has urged Kazakhstan to correct the draft laws on domestic violence.

What's Wrong with Domestic Violence Laws?

It is "difficult" to deal with bills on domestic violence in Kazakhstan both at the domestic and legislative levels.

For example, the draft law of 2020 was withdrawn, and two more, from the Ministry of Internal Affairs and members of Parliament, remain under consideration. However, it is they who can make much-needed changes that will protect the already fragile situation of women who often suffer from domestic violence.

"Kazakhstan’s existing laws basically leave domestic violence survivors to fend for themselves, and women have paid a high price for delays in law reform. Lawmakers should urgently use this chance to ensure that new laws fully protect women from domestic violence,”

says Mira Rittmann, senior researcher for Central Asia at Human Rights Watch.

According to HRW, domestic violence remains one of the most serious human rights violations in Kazakhstan. The main victims of domestic violence are women.

Domestic Violence Is a Crime Without a Clear Formulation

The problems of domestic violence in Kazakhstan lie in the imperfection of the law.

According to HRW, in the 2009 law "On the Prevention of Domestic Violence", violence itself is not an independent criminal offence. The article of the Criminal Code of the Republic of Kazakhstan includes only domestic, psychological, sexual, physical, sexual and economic violence.

In September 2020, the bill "On Countering domestic violence" passed its first reading in parliament. He was supposed to strengthen the protection of women who have experienced domestic violence. In January 2021, it was withdrawn, as additional consultations were needed.

But it didn't stop there. Two other bills were proposed, including provisions for domestic violence.

The first was initiated by members of Parliament to strengthen the institution of the family. It pays special attention to measures to prevent domestic violence. The second one was proposed by the Ministry of Internal Affairs. The draft law should have provided for the revision and amendment of the provisions of the Criminal and Administrative Codes.

The draft law on strengthening the institution of the family proposes to amend a number of existing legislative acts, including the law "On the Prevention of Domestic Violence".

It contains additional recommendations on coordination between various government agencies as well as outlines more comprehensive preventive measures. This is a requirement for the authorities to respond to media reports about domestic violence, including messages on social networks. More active monitoring and collection of data related to domestic violence and the expansion of information and educational activities aimed at preventing domestic violence will be necessary. Yet the bill does not establish domestic violence as an independent offence.

The Ministry of Internal Affairs reported on February 13 that the Majilis approved the bill and that it is under consideration in the Senate. Among the amendments proposed by the Ministry of Internal Affairs, there are allegedly provisions allowing administrative penalties to be imposed even if a victim of domestic violence does not file a complaint.

The bill will also reportedly cancel the reconciliation procedure in cases of repeated acts of domestic violence. It will replace the current "preventive" sanction for aggressors with the requirement to perform certain public works.

No Less Violence

Even the President of Kazakhstan, Qasym-Jomart Toqayev, acknowledged the existence of the problem of domestic violence in Kazakhstan. The fight against it is an integral part of the reforms of the New Kazakhstan. He instructed the relevant authorities to "toughen the punishment" if domestic violence is committed against women.

In March 2021, the Interior Ministry doubled the number of female police officers in the special police units to protect women and children from violence. The Ministry of Internal Affairs has also introduced investigator positions for women. In October 2022, Prime Minister Alikhan Smailov instructed the responsible authorities to "take the necessary measures to expand the network of crisis centres."

But these steps are not enough. Anna Ryl, head of the Korgau-Astana Crisis Center, told Human Rights Watch that the situation with domestic violence "will not improve if it is not criminalized."

Lawyers, women's rights activists and feminist groups are also calling for the introduction of criminal punitive measures for domestic violence. Human Rights Watch has also called on Kazakhstan to criminalize domestic violence and to strengthen support and protection of victims, including in rural areas.

Will Domestic Violence Become a Separate Crime in The New Kazakhstan?

Thus, any laws regulating family affairs in Kazakhstan should include punitive measures for domestic violence. They must be commensurate with the severity of the damage caused. The authorities must ensure that their laws and policies comply with international standards. In particular, they must comply with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.

Indeed, as a party to the UN Convention on the Elimination of All Forms of Discrimination against Women, it is logical for Kazakhstan to criminalize domestic violence. As for Kazakhstan's partners and allies, they should not remain silent, but repeat their calls for the criminalization of domestic violence as a separate offence in Kazakhstan.

“Criminalizing domestic violence will send a clear message that abuse inside the home is intolerable and that women’s safety and well-being are paramount. Lawmakers need to take decisive action to end impunity for acts of violence in the home,”

Rittmann concluded.

Women's Rally in Almaty on March 8

While Human Rights Watch calls on Kazakhstan to punish domestic violence, a feminist rally "For Bodily Autonomy Against Sexualized Violence" will be held in Almaty on March 8. The participants may also touch on the topic of domestic violence.

Orignal Author: Tamerlan Salyq

DISCLAIMER: This is a translated piece. The text has been modified, the content is the same. Please refer to the original piece in Russian for accuracy.